High Court Kerala High Court

Usha Aged 38 Years vs State Of Kerala on 22 December, 2010

Kerala High Court
Usha Aged 38 Years vs State Of Kerala on 22 December, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 8143 of 2010()


1. USHA AGED 38 YEARS, D/O.PANKAJAKSHI,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REPRESENTED BY EXCISE
                       ...       Respondent

                For Petitioner  :SRI.C.S.MANU

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :22/12/2010

 O R D E R
                            V. RAMKUMAR, J.
                         -------------------------
               Bail Application No. 8143 of 2010
           ------------------------------------------------
          Dated this the 22nd day of December, 2010

                                O R D E R

In this Petition filed under Sec. 438 Cr.P.C. the petitioner, who is

the accused in Crime No.83/2010 of Karunagappally Excise Range for

an offence punishable under Section 55(a) & (i) of the Abkari Act for

allegedly having been found in possession of 4 litres of Indian Made

Foreign Liqour, seeks Anticipatory Bail.

2. The learned Public Prosecutor opposed the application.

3. Anticipatory bail cannot be granted in a case involving such

grave offence. It is too early to accept the petitioner’s contention that

the petitioner has been falsely implicated. There is no reason why

the petitioner should not surrender before the magistrate concerned

and seek regular bail. Accordingly, If the petitioner surrenders before

the Magistrate concerned within two weeks from today and files an

application for regular bail, the same shall be considered and disposed

of preferably on the same day on which it is filed bearing in mind the

decision in Sukumari v. State of Kerala – 2001 (1) KLT 22.

With the above observation this Application is disposed of.

V.RAMKUMAR, JUDGE.

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